Revolutionary War Pension and Bounty Land Warrant Application File S. 13,044, Asahel Foote, Mass.

 ASBESTOS 
Mass.
Foot, Asahel
NUMBER
S. 13.044
carded.
CONTENTS

3799 Massachusetts Asahel Foote Lee in the State of Mass who was a Private in the company by Captain of the Regt by Col Brown in the Mass line for 16 Mths
Inscribed on the Roll of Mass at the rate of 53 Dollars 33 Cents per annum to commence on the 4th day of March, 1831.
Certificate of Pension issued the 29 th day of Dec 1832 and sent to W Bishop Senne Mass
Arrears to 4th of Sept 1832 $79.99 Semi-ant. allowance ending 4 Mar 33 26.66
$106.65
{ Revolutionary Claim, } { Not June 7, 1832. }
Recorded by J H McBlain Clerk Book D. Vol. 2 nd Page 57

Reported June 19 th 1833 m o at $ 53.33
See letter to Gadia
Austin Boston
June 19 th 1833

4796; Asahel Root; Application for Pension See Mss. Augt 28 1832

Commonwealth of Massachusetts.
County of Berkshire, ss.
ON this Twenty Eighth day of August — A. D. 1832 personally appeared in open Court, before the Honorable WILLIAM P. WALKER, Judge of the Court of Probate, within and for said County of Berkshire, now sitting,
Asahel Root — " — " — a resident of the town of Lee in the County of Berkshire and Commonwealth of Massachusetts, aged Sixty nine years, who being first duly sworn according to law, doth, on his oath, make the following declaration in order to obtain the benefit of the act of Congress, passed June 7, 1832.
That he entered the service of the United States under the following named officers, and served as herein stated. On the third day of July in the year A.D. 1777, I volunteered in the company commanded by Colo William Brown Captain. I was in the Regiment commanded by Colo William Brown of Pittsfield in the line of the State of Massachusetts. I enlisted in the town of Lee. We went immediately to Albany where we staid one week and when we were put into companies. From Albany we marched to Schenectady for the purpose of guarding the town from the British and Indians, and when we acted as scouts. In the town there were three forts, designated by the terms Upper, Middle and Lower. I was placed part of the time in one of them and part of the time in another. The Indians made no attacks upon the Forts, but our scouting parties had frequent skirmishes with them. We were dismissed and commenced our return home on the 20th of November of said year, having served during that enlistment I served four months. I remained at home until July of the next summer, when I was drafted in Capt Marsh Company from Stockbridge in Colo Brown's Regiment. We marched to Albany from thence to Schenectady. After we had been at Schenectady some time the Indians came down upon it. I was then on guard and was the first to give the alarm about break of day. They met with them a heavy loss, and four prisoners for the purpose of throwing in upon our Fort. Shells and balls we had then but twenty men in the Fort. They commenced their firing upon us for the purpose of burning our Magazine. They threw into the Fort about a dozen shells which set our Magazine on fire three times. Some of our men were hotly wounded. We had in the Fort some Rifle Men from Virginia rangers who were not subject to the command of our Officers one of them shot down three different flags flags who had been sent by the enemy with a flag of truce as we supposed to demand our surrender. The enemy remained till near night fell when they drew off and commenced their firing upon one of the other Forts from thence they went to Adkans Adkans then called Stone Robby to which place we followed them. They had arrived a short time before us. On our way many cattle lay strewed almost hardly an animal to be seen living. Houses smoking in ruins & when we arrived at Stone Robby, many of the inhabitants lying in their graves not buried, we were informed that the Indians had placed ten of the number in sight a short distance from that fort and that Colo Brown had ordered his men to pursue them.

They retired and led Col Brown into an Ambuscade in a Notch where they arose upon them and slaughtered almost all of them - Col Brown fell the first fire and was deposited in his grave the day before we arrived.
I remained in this Service untill the last of Nov. and served a few days over Four Months - I remained at home untill the first of August 1781 when a call was made upon the Town of Lee to furnish a certain number of three years men. I was drafted and entered the company commanded by Captain Kellem in the Regiment in which Maj Ashley of Stockbridge was Maj. the Col I do not recollect I went to Stockbridge to Sharon White Plains and then directly to West Point, where I remained untill the last of the first March when I was relieved by another person and returned home. While there Gen Washington was there and at Blankets Point many times Gen Gates was also there. I was under the Continental Officers this campaign - but at the time I served before I was in the line of the State of Mass. In this service I remained eight Months -
I served in My first campaign 4 Months do — Second — 4 do — Third — 8 Total 16 Months —
I was born in Colchester Ct. in the year 1763 22, Ap. I have a record of my age in my Family I entered the service always in the town of Lee where I then lived and where I have lived ever since I never had a discharge
I know of no person living who can testify to my services during the Revolution -
I am acquainted with the Rev. Alvan Hyde of Lee and Stephen Couch - the former of whom I have known more than forty years -

He hereby relinquishes every claim whatever to a pension or annuity, except the present, and declares that his name is not on the pension roll of the agency of any State
Asahel Root
Sworn to, and subscribed, the day and year aforesaid.
W. P. Walker J. Probate
We Alvan Hyde a Clergyman, residing in the Town of Lee and Stephen Crouch residing in same Lee hereby certify, that we are well acquainted with Asahel Root who has subscribed and sworn to the above declaration; that we believe him to be sixty nine years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the revolution, and that we concur in that opinion.
Alvan Hyde Stephen Crouch
Sworn and subscribed, the day and year aforesaid.
W. P. Walker J. Probate
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories, prescribed by the War Department, that the above named applicant was a revolutionary soldier, and served as he states And the Court further certifies, that it appears to them that Alvan Hyde who signed the preceding certificate is a Clergyman, resident in the town of Lee in the County of Berkshire and Commonwealth of Massachusetts and that Stephen Crouch who has also signed the same, is a resident in the town of Lee in the County of Berkshire and Commonwealth of Massachusetts and is a credible person, and that their statement is entitled to credit.
W. P. Walker J. Probate
I, HENRY W. BISHOP, Register of the Court of Probate within and for the County of Berkshire in the Commonwealth of Massachusetts, do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Asahel Root for a pension.
In testimony whereof, I have hereunto set my hand and seal of office of said Court of Probate, this twenty eighth day of August in the year of our Lord, one thousand eight hundred and thirty two
Henry W. Bishop Register of Probate

4796
Asahel Foote.
Lee
Berk Co
(Mass)
Mar 16 1805
adm
$ 53.32
St. W. Bishop
Senose
Mass.

BRIEF in the case of Asahel Foote of Berkshire County in the State of Mass - (Act 7th June, 1839.)
1. Was the declaration made before a Court or a Judge? Open Court
2. If before a Judge, does it appear that the applicant is disabled by bodily infirmity?
3. How old is he? 69 years
4. State his service, as directed in the form annexed.
   Period. Duration of Service. Rank. Names of General and Field Officers under whom he served.   Years, Months, Days.     In 17 th July 3 — 4 — privt Gen. Capt. Gen. Col. Wm Brown   48 " 14 — 4 — " " Marsh " " Brown   51 Aug 1 — 8 — " " Kellogg Maj. Ashley  
5. In what battles was he engaged? None
6. Where did he reside when he entered the service? Lee
7. Is his statement supported by living witnesses, by documentary proof, by traditional evidence, by incidental evidence, or by the rolls? Traditional Evidence —
8. Are the papers defective as to form or authentication? and if so, in what respect? Correct
I Certify that the foregoing statement and the answers agree with the evidence in the case above mentioned.
J. H. McBlain Examining Clerk.

In reply to your request of _____, received _____ for a statement of the military history of Asahel Foote , only me a soldier of the REVOLUTIONARY WAR, you will find below the desired information as contained in his ( as his widow ) application for pen- sion on file in this Bureau. 8. 13,044
   DATES OF ENLISTMENT OR APPOINTMENT. LENGTH OF SERVICE. RANK. OFFICERS UNDER WHOM SERVICE WAS RENDERED. STATE.   CAPTAIN. COLONEL.     July 3, 1777 to Nov 22, 1777 14 mos. Private Ford William Brown Mass   July 1778 to last 4 mos. Marsh Brown   Aug. 1, 1781 8 mos. Killum Maj. Ashley  
Battles engaged in, skirmishes with Indians about Albany.
Residence of soldier at enlistment, Lee, Mass.
Date of application for pension, Aug. 28, 1832.
Residence at date of application, Lee, Berkshire Co., Mass.
Age at date of application, born Apl. 22, 1763 at Colchester, Conn.
Remarks: This claim was allowed - There is no family data on file. He signed his name 'Asael Foote.'
3rd Aud. report attached
Respectfully,
Commissioner.

Rev See H.
Lee Mass - July 6 th 1915.
The Commissioner of Pensions Washington D.C.
Sir,
Will you advise me if the name of Asahel Foot. b. Colchester Conn. April 22 - 1763 died Lee Mass - March 8 th 1841 - married 1793 Anne Abbott at Lee Mass. Appears upon your Revolutionary War records, as having received a Pension - ?

Also if this was his service as given in the Mass. Soldiers and Sailors of the Rev. War - "Asahel Foot, Private - Capt. Wm Ford's co, Col. John Brown regt. enlisted July 21-1780 - discharged Oct. 27-1780. Service 3 mo. 16 days. Regiment raised for 3 months -
Also Capt. Isaac Marsh (also given March's) co. Col. Sears regt. mustered July 21-1781 discharged Nov. 2-1781. Service 3 mo. 12 days. under Brig. Gen. Stark, company raised in Berkshire co, and stationed at Fort Plain Tryon co. order for payment for the

above roll dated at Stockbridge and signed by Capt. Marsh." Thanking you for any information that you may be able to give us
I am sincerely Lillian A. Clark -
Address
Mrs. Albert B. Clark 83 Franklin St.
Lee Mass.

OFFICE OF AUDITOR FOR INTERIOR DEPARTMENT IN REPLYING QUOTE INITIALS
TREASURY DEPARTMENT
WASHINGTON
July 16, 1915
The Commissioner of Pensions.
Sir:
In reply to your letter of _____ the thirteenth instant you are informed that, according to the latest account rendered by the U. S. Pension Agent, at _____ Boston, Mass. the records of this office show last payment to have been made to Asahel Foote, Private, Army Rev. _____, certificate No. _____ 5799 at $ _____ 53.53 per month annum, to March 4, 1841, to Lowell M. Stone, Attorney. Said pensioner resided in Lee, Mass., for many years, and previous thereto he resided in Colchester, Conn., but the date of his death is not shown.
Letter herewith returned.
Respectfully,
J. V. Ray Acting Auditor. M. G.
By _____
Deputy Auditor.

Rev. War Section Division. S. File No. 13044 Asahel Foote Mass. troops. Rev. War.
Department of the Interior, BUREAU OF PENSIONS,
Washington, D. C., July 13 th , 1905.
SIR:
For use in the above-entitled claim for pension, you are requested to furnish this Bureau with a report in the case of Asahel Foote allowed $53 \frac{33}{100} per annum from March 4, 1831 pensioned under the Act of June 7, 1832 by certificate No. 3,799 issued Dec. 29, 1832 at the Mass. Agency, showing date of his death and name of person to whom the arrears of his pension were paid.
Very respectfully,
J. M. Seltzer Commissioner.
THE AUDITOR FOR THE INTERIOR DEPARTMENT,
Treasury Department.

Prothon
13044 INVALID.
File No. 13. 147
Asahel Foote
Priv. Rev. War
Act: June 7 th 1832
Index Vol. _____, Page _____
[Arrangement of 1870.]

195 July 13. History to Mrs. Albert B. Clark. P. 1-2. for date and page

June 7 1880 Pension Office
fee Lewis Capps Secretary of War Washington D.C.

Boston June 18 th 1833
To the Hon Lewis Casp Secretary of War
Sir On the 28 th March, and again on the 15 th May I addressed you in behalf of Isahel Stock a Revolutionary Pensioner under the act of June 7 th 1832 whose certificate allows him fifty three dollars and thirty three cents per ann- -um, but his name is returned to this office at only thirty dollars per annum, up to this time I have received no answer to my two first letters nor do I find it entered on the Book at this office, have the goodness to direct it to be attended to and much oblige your very humble Servant
Jane Austin

BRIEF objections to the admission of Pension Claims, of which those answered in the negative, in red ink, will apply to the claim of Abiah Foote  Berkshire County  Mass which require further proof or explanation.
I. Does the declaration show where the applicant resides? yes II. Did the declarant make the declaration in the county where he resides? yes III. If the applicant did not make the declaration in the county where he resides, is there any reason assigned for his not doing so? no IV. Has the declarant mentioned the period or periods of the war when he served? yes V. * Has he mentioned with precision the length of his service, and the different grades in which he served, in language so definite as to enable the department to determine to what amount of pension he is entitled? yes VI. Has he given the names of the officers under whom he served, in conformity with the regulations? yes VII. Has he made a relinquishment of every claim to any other pension than the one under the Act of June 7, 1832? yes VIII. Has the Court given their opinion? yes IX. Has the Clerk given his certificate? yes X. Is the Clerk's seal affixed? And if so, has it a device or inscription by which it can be distinguished from any other seal? yes

XI. Has the applicant obtained the evidence of a clergyman and another respectable citizen as to their belief respecting his age and the general belief in his neighborhood relative to his revolutionary service? yes
XII. If the clergyman's affidavit has not been produced, is there any reason assigned for not obtaining it? yes
XIII. If the applicant has no documentary evidence, and has not obtained the testimony of at least one living witness, has he stated in his declaration that such proof cannot be had? yes
XIV. † If the applicant has produced a witness or witnesses as to his service, has the magistrate who administered the oath certified that he, she, or they are persons of credibility? yes
And is the official character and signature of the magistrate certified by the proper officer under his seal of office? yes
XV. Does it appear from any of the papers that the witness was in such a situation, or of such an age, as to have a personal knowledge of the applicant's service? yes
XVI. ‡ Are the papers authenticated as the regulations direct? yes
XVII. Are the seven interrogatories prescribed by the War Department answered satisfactorily? And, if not, which of them is not so answered? yes
EXPLANATORY NOTES.
* QUERE V. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service, but according to the best of his recollection he served not less than the periods mentioned below, and in the following grades: For _____ year _____ months and _____ days. I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."

It is important in all cases to determine with precision the period for which the applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months is too indefinite, and all such qualifying expressions are objectionable.
†QUERE XIV. Proof of Service.
In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimants entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
†QUERE XVI. Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticated the papers is not written on the same sheet of paper which contains the affidavit, or other paper authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the end of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.